2008-06-20
Don’t Drink and Sign this Summer. It Could End Up Being Worse Than A DUI
Written by: Richard Jefferson, Esq.
As we approach the Summer and everyone is ready to party like its 2099 (Prince needs to do a remix for this generation), there is a question that I know I will hear from at least one client in the next couple of months and it goes like this:
“So, I may have signed a contract, agreement, or some kind of paper while I was hangin’ out the other night, but I don’t remember what it was because I was drunk. Is that a binding contract?”
In the past, I have had this scenario posed to me in connection with transfers of music copyrights, permission forms to film someone naked, and use of a person’s likeness in connection with some sleazy products.
First, a bit of advice...stay away from contracts and pens while under the influence. A DUI will ruin your driving record. The wrong contract will ruin your career.
As for an answer to the question, a person’s understanding of the nature and significance of what he or she is signing while being intoxicated is important and could possibly cause the agreement to be voidable, but the better question is whether the other party had reason to know that the signer was intoxicated at the time of signing. If the answer is yes then there may be an argument for possible fraud, misrepresentation, duress or even coercion, depending on the detailed facts of the situation.
So, the next time someone sticks a pen in your hand and says, “hey, if you sign this I’ll buy you and your table drinks for the rest of the night”….think twice, tell him it’s not the time and give them your lawyer’s fax number….or else you may find your mug on the DVD cover of “Beverly Hills 9021-Ho!” and there may be little that you can do.
“So, I may have signed a contract, agreement, or some kind of paper while I was hangin’ out the other night, but I don’t remember what it was because I was drunk. Is that a binding contract?”
In the past, I have had this scenario posed to me in connection with transfers of music copyrights, permission forms to film someone naked, and use of a person’s likeness in connection with some sleazy products.
First, a bit of advice...stay away from contracts and pens while under the influence. A DUI will ruin your driving record. The wrong contract will ruin your career.
As for an answer to the question, a person’s understanding of the nature and significance of what he or she is signing while being intoxicated is important and could possibly cause the agreement to be voidable, but the better question is whether the other party had reason to know that the signer was intoxicated at the time of signing. If the answer is yes then there may be an argument for possible fraud, misrepresentation, duress or even coercion, depending on the detailed facts of the situation.
So, the next time someone sticks a pen in your hand and says, “hey, if you sign this I’ll buy you and your table drinks for the rest of the night”….think twice, tell him it’s not the time and give them your lawyer’s fax number….or else you may find your mug on the DVD cover of “Beverly Hills 9021-Ho!” and there may be little that you can do.
Comments
No comments, yet...
Leave Comment
Commenting Options